In a Summary Judgment Proceeding Related to a Redhibition Suit, the Purchaser Has to Prove that the Item Purchased at Auction was Subject to Redhibitory Defect.

In a redhibition suit summary judgment proceeding, the purchaser has the burden of proving the existence of a redhibitory defect in the item purchased.  Louisiana First Circuit Court of Appeals in Berman Daferner, Inc. v. Causey, 723 So. 2d 467 (1998) reversed the trial court’s judgment granting summary judgment in Plaintiff purchaser’s favor because the purchaser failed to show that there was no genuine issue of material facts in the sculpture purchased at auction.  

In Berman Daferner, Inc., the Plaintiff (“purchaser”) purchased bronze sculpture from Louisiana Auction Exchange, Inc., the Appellant seller (“seller”).  The sculpture was identified as: Georg Kolbe, German, 1877-1947, "Sitzende Frau," bronze, 10 3/4 inches high, executed in 1926, signed with the monogram on the underside of the base. After purchase, the purchaser send the sculpture to Germany for inspection. The director of a museum there opined that the sculpture was a forgery. The sellers refused to return the purchase price.  Consequently, the purchaser brought the instant action for redhibition seeking rescission of the sale, return of the purchase price, expenses, damages, attorney fees, and costs.  Shortly thereafter, however, the purchaser moved for summary judgment and the trial court granted purchaser’s motion for summary judgment and ordered the defendant seller to return the purchase price. The seller opposed purchaser's motion contending there were genuine issues of material fact as shown in the opposing affidavits of Sandra Causey and Ronald Causey, who opined the "Sitzende Frau" bronze was a genuine Georg Kolbe sculpture.  Seller sought an appeal before the Court of Appeal.

According to LSA-C.C.P. art. 966(B), a motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact. Id at 468-69.  The Court found that Plaintiff failed to show there was no genuine issue of material fact. Id at 469.  

The Court found that the original motion for summary judgment was deficient in that it did not furnish supporting documents to resolve the issue of timeliness. Berman Daferner, Inc. 723 So.2d at 468. The Court stated that the purchaser’s petition was for redhibition and its motion for summary judgment related to the terms and conditions of the auction contract. Id. 

The ultimate material fact in a redhibition suit is the existence of a redhibitory defect. Id. at 469.  The Court found that, because this was an action for redhibition, the Plaintiff had the burden of proving the existence of a redhibitory defect (forgery) in the summary judgment proceeding. Id. In view of the opposing affidavits filed by the sellers, the Court found that the purchaser failed to show there was no genuine issue of material fact. Id. Therefore, the Court found that the trial court erred in granting purchaser’s motion for summary judgment.  Id.